Facts

William Cox sued California Highway Patrol Officer McMillan, the State of California, and the California Highway Patrol for alleged civil rights violation.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that on Feb. 5, 2011, he attempted to summon defendant, who was performing routine traffic patrol along the Interstate 405 near the Los Angeles Airport. Plaintiff alleged that he intended to complain about a motorist ahead of him, who plaintiff believed committed a traffic violation by crossing a gore point. Plaintiff pulled up alongside defendant's officer and asked whether the officer had seen the other commit the alleged violation. Defendant then initiated a traffic stop on plaintiff, to which plaintiff complied. However, the officer pulled his Taser on him, and discharged it, causing plaintiff to fall forward and onto the freeway. Plaintiff sustained injuries as a result, and sued the officer for violating his civil rights. Plaintiff alleged that the officer's actions constituted excessive force and that defendants were liable for civil rights violations.

DEFENDANTS' CONTENTIONS:
Officer McMillan claimed that plaintiff's agitated behavior while flagging down and yelling at him while driving on the freeway caused the officer to initiate a traffic stop. As captured on the patrol car's video system, Officer McMillan contended that plaintiff exited his vehicle before Officer McMillan could exit his own, approached the officer while shouting at him and failed to comply with the officer's multiple orders to return to his vehicle. When Officer McMillan attempted to handcuff plaintiff, plaintiff resisted, pulled away and spun around to confront the officer. In response, Officer McMillan drew his Taser, demanded compliance once again and when plaintiff tried to exit the area, discharged the Taser. Officer McMillan claimed that his actions were lawful at all times, were taken by him to defend himself, and were in conformity with his training.

Damages

Cox requested $1,045,949 in total economic damages, including $240,622 for past loss of earnings, $133,677 for future medical costs, and $671,750 for loss of future income.

Injuries

Cox claimed he sustained injuries to his face and wrist. He also complained of injuries to his shoulder, back, and nerve injury to his hands. Cox, who was a cement truck driver, alleged that he would be unable to work again as the result of his injuries.

Result

The jury found that McMillan did not use excessive force.

Other Information

FILING DATE: Nov. 14, 2011.

Length

six days